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§ 12.5-139 MINIMUM REQUIREMENTS FOR USE AGREEMENTS.
   Any use agreement approved by the city manager as allowed by this division shall at a minimum provide for:
   (a)   An insurance policy or policies naming the city as an additional insured, with policy types and limits determined by a representative from the risk management division of finance. When factors so warrant, and the risk management division of finance believes the city will be properly protected, the risk management division of finance may approve self-insurance;
   (b)   The indemnification of the city by the property owner for all claims and damages arising from use agreement activities;
   (c)   The relocation of monitoring wells if required for street and utility repair and maintenance;
   (d)   Minimal disturbance of traffic;
   (e)   Minimal disturbance of the peace of nearby residential neighborhoods;
   (f)   The protection of the city’s municipal separate storm sewer system and the city’s sanitary sewer from use agreement activities;
   (g)   The proposed drilling depth for soil borings and monitoring wells, locking caps on wells, and restoration of city property following completion or abandonment of contract activities;
   (h)   Barricading during sampling and drilling of monitoring wells;
   (i)   Inspection of operations by the environmental manager and city traffic engineer, and authority of same to halt use agreement activities when necessary to protect the environment or traveling public;
   (j)   Drilling to be performed by a contractor licensed and bonded to work in the public right-of-way, and licensed under Tex. Water Code Chapter 32;
   (k)   Certification of utility clearance prior to drilling; and
   (l)   Fees to offset the city’s cost of regulating and monitoring use agreement activities as determined by a schedule set by the city council.
(Ord. 12274, § 1, passed 11-28-1995; Ord. 14934, § 4, passed 1-22-2002)